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HomeMy WebLinkAbout10085-11 Rezone 400 Block of North Notre Dame Avenue ORDINANCE No . 10085_�� Passed by the Common Council of the City of South Bend,Indiana May 23, 20 11 Attest: City Clerk JO VOO DE Attest: President of Common Council Presented by me to the Mayor of tlie City of South Bend, Indiana May 24, 20 11 . City Clerk JOH VOO DE Approved and signed by me Ma y 2 5 ZO �1— �l�� . ('� �L� � M�r .� � ORDINANCE NO. � �� G �- ` � AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN THE 400 BLOCR OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, COUNCII,MANIC DI5TRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE PROPERTY IS LOCATED IN THE 400 BLOCR OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA AND IS PRESENTLY ZONED O OFFICE DISTRICT AND MU MIXED USE DISTRICT. THE PROPERTY IS REQUESTED TO BE RE20NED TO THE SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT TO ALLOW FOR A PAROCHIAL HIGH SCHOOL. NOW THEREFORE BE IT ORDAINED BY THE CONII�lON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. ORDINANCE NO. 9495-04, IS AMENDED, WHICH ORDINANCE IS CON�IONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, BE AND THE SAME HEREBY IS AMENDED IN ORDER THAT THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED REAL ESTATE IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, STATE OF INDIANA: THAT A PART OF THE SOUTHEAST QUARTER OF SECTION 1, AND THE NORTHEAST QUARTER OF SECTION 12, ALL IN TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: I�OT # 3 OF THE PI,AT OF "ST. JOSEPH REGIONAI, MEDICAL CENTER CEDAR STREET MINOR SUBDIVISION�' AS RECORDED BY DOCUMENT NO. 1018519 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 14.47 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. BE AND THE S�,ME HEREBY ESTABLISHED AS SF2 SINGLE FAMILY AND TWO FAMILY DISTRICT. . SECTION II. THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE BY THE COMMON COUNCIL, APPROVED BY THE MAYOR, AND LEGAL PUBLICATION. MEMB R OF THE COI�iON COUNCIL '� . � 2 ATTEST: CIT LERK PRESENTED BY ME TO THE MAYOR OF THE CITY OF SOUTH BEND, INDIANA ON THE �i`��I/� DAY OF ��� , 2 Q I � , AT ����� O'CLOCK �1 M. � CITY ERR � (�,. � �,,.•-� APPRgnVED JA*?D SIGNED BY ME ON THE y'� �L �AY OF I'b1 Cc.-� ,_ , 2,t�!( , AT 1r0'CLOCK� .j�J M. � .� f—� �� � MAYOR, CZTY � SOUTH BEND, INDIANA Filed in Ci�rk'��C3ffice MAR 23 2uii f st RE�'.D�".�G ��� l� JOHN VOORDE ' PJ�,tL4C f-�cA,R{NG S-Z3'<< CITYCLERK,SOUT1'I�EN[?,St! ; ?�d h���;��.� S-Z3—�I . ��!�T Ar?ROV.�D ' ' REFERR[D P�,ssE� 5 _Z3—(� TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 13-11 A BILL AMENDING THE ZONING uRDINANCE FOR PROPERTY LOCATED IN THE 400 BLOCK OF NORTH NOTRE DAME AVENUE, SOUTH BEND, INDIANA 46617, COUNCILMANIC DISTRICT NO. 4, IN THE CITY OF SOUTH BEND, INDIANA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable � recommendation. This bill was heard by the Zoning and Annexation Committee. Timothy Rouse Chairperson, Committee of the Whole DATE FILED APPLTCATIOI+F HO. I�ATE RECSIVSD 8Y AREi1 PLAt� CQ�k4Y�$xO�T _ (WE} THE UN'bffiRBIGI4ED �1ItE APPLICATION TQ THE CG4�QN GOUNCIL QF T8L CI'�'Y DF SOUTH BEND r INDIANA Td AM�'ND THE '&ONxNQ ORDINAIICE AS �REIN REQUESTED. �) . THE f�R4PERTl SOUGHT TO �}7'i RE7eQNED IS IiCCATED: 40Q BLBCE[ dF NQR'i'a NOT'RE DAM� A�YE�U�, 8QUTH BEriD, INDIANA 46617 2} . NAt�4L AND ADAA�SS OF PROPERTY 0�4I+TER�9} Ok' fiIiE PETI�'�ODT SITB: ST. JOSEFH REGIOlQA� L�DICAT� C,�1�1'��R SOUTH BEND CA�US, INC. 811 I�D�BpN STREET sov�rH s$rm, xl� �45617 PH. No. 574-335-SOOa 3j .t�. A2�ID ADDRTBS pF GON�YNG�NT PURCHABLA(S) , TF APPLICASLE: x/n 4) . aT I$ DEBIRED AND REQUE9TED 'I'I3AT �H�S p�tOpEATY BE �zO�n: FROb4: O 08SICE DISZ'EtICT S� Mp Dd27�D VSS AZST'RTCT TD: SE2 9INGLE &'AMILX ANI? `,I'P�Q fi'AMIIeY DI3TR3CT 5} . THIS REZGNIHG I3 R�QU�8T�1� TO ALLGPP TIIE FoLLO'4PING U��(S? : A) . PARACHIAL H�GF! $CHOOL 6) . ATTACHED IS A GO&Y •OF {A) LEGAL DEBCRIBTIaN OF TH8 BRtJPERTY; (B) SEVENT�EN {1T) �R�LZMINARY SI'1'F PLAN3 (IF REQ'[TTREDy ; (C} A 8TATF��iT OS P'QRPO�F AATD INTENT; (D) A Ia�$T OF NAME$ AND ADDRES&ES OF ALL PRppRRTY �WATERS AND THE TAX K�Y ri{J1�ER8 FQR �iI,L PROPERTIEfi 4PIT8I4Q 3Q0 FEET �F TAE �TrTrarr PRAPERTY; AND �E) �aR&$S�A, STABaPED ENYELOPES FOR AI,L PROPERTY Ct4PNER9 9QLTHIN 300 F��T Ci£ THE PETITION PROPERTY (F) A LOCATION �dAP, IF AVAILABLE, DRP,WN TO BCALE, {�BICH INCS,QDJ�'a BTRET'1� NAl�$, PRII�TED IN $ �'e" x 11�' IrdFtMAT. . �' �� � !/ � � ,��b� ��, ������ ���1Nc r� d� �a�����,�P �S lY r4�. �c sr�a, � ,/ FOR TITIONER PETITIOIZSD PR�PARED SY: DANCB, HARNER S ABSOCIA'1'�$ = 164 3 CGD�FtCE DRIVE ����� SOUTg SzND, �rDIANA 46628 {574) 234-4003 MAR 3 0 7_C1�� AR�A�'�:P"' f. '�i Fittb �F2 b1.9 .zeu.zeH �I�uEQ Wy B9.�n ltin�-tl-x�w LEGAL DESCRIPTION THAT A PART OF THE SOUTHEAST QUARTER OF SECTION 1, AND THE NORTHEAST QUARTER OF SECTION 12, ALL IN TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS: LOT # 3 OF THE PLAT OF "ST. JOSEPH REGIONAL MEDICAL CENTER CEDAR STREET MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 1018519 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 14.47 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. Filed In Cierk'� �����;� MAZ � 3 2Gi� �..n..,..�,.�..._..,..w,._ ,JpM�VES����� � �`lfiYl��,�Rl�,�r5�,rr'� t��yati,t�+c j � _.._..� �"" JOHN W. BYORNI EXECUTIVE DIRECTOR LA.RRY MAGLIOZZI pEPUTY DIRECTOR AREA PLAN COMMISStON OF ST. jOSEPH COUNTY, IN 227 W.)EFFERSON BLVD. ROOM I 140 COUNTY-CITY BLDG. SOUTH BEND.INDIANA 46601 (574)235-9571 Apri120,2011 �e .." .� �.. , %�,. �n ; z�.y d�i k�`� �.� �:��� , ��. � The Honorable Council of the City of ���_""`~``f south send � �PR 2 0 2011 ' �� 4th Floor,County-City Building South Bend, IN 46601 � .m... • - ---.. � � k a:.� � RE: A proposed ordinance of St.Joseph Regional Medical Cenfe�'°s�z,ait�"e�from.S�.Office�.: ? District&MU Mixed Use District to SF2 Single Family and Two Family District,property bounded by Notre Dame Avenue on the east, Cedar Street on the north, St. Louis Boulevard on the west, and LaSalle Avenue on the south,City of South Bend.-APC# 2586-11 Dear Council Members: I hereby Certify that the above referenced ordinance of St.Joseph Regional Medical Center was legally advertised on Thursday,Apri17, 2011 and that the Area Plan Commission at its public hearing on Tuesday,April 19,2011 took the following action: Upon a motion by John DeLee, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of St.Joseph Regional Medical Center to zone from O Office District&MIJ Mixed Use District to SF2 Single Family and Two Family District,properiy bounded by Notre Dame Avenue on the east,Cedar Street on the north, St. Louis Boulevard on the west,and LaSalle Avenue on the south,City of South Bend is sent to the Common Council with a favorable recommendation.The reuse of a recently abandoned regional medical facility for a parochial high school is compatible with the adjacent mixed uses and will be a positive investment in the neighborhood. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, G(J. hn W.Byorni JWB;jsc Attachment CC: St.Joseph Regional Medical Center Danch,Harner&Associates SERVING:ST.)OSEPH COIJNTY,SOUTH BEND.LAKEVI�LE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA&ROSELAND � � -www.stjosephcountyindiana.com/Areaplan � � Staff Reaort APC# 2586-11 Owner: St.Joseph Regional Medical Center Location: 400 Block of North Notre Dame Avenue Juri�diction: City of South Bend Requested Action: � The petitioner is requesting a zone change from O Office District & ML1 Mixed Use District to SF2 Single Family and Two Family District to allow a parochial high school. Land Uses and Zoning: On site: On site is vacant. The buildings of the former St. Joseph Regional Medical Center were recently demolished. North: To the north are medical office buildings zoned O Office District. � East: To the east are vacant properties and the Woman's Care Center all zoned MU Mixed Use District. South: To the south is a Family Dollar zoned MU Mixed Use District. To the south across LaSalle Street is a property management office and a vacant gift shop both zoned MLJ Mixed Use District. West: To the west are parking lots used by the former hospital, and a few single family homes zoned MU Mixed Use District. District uses and development standards: The SF2 District is esta.blished to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that aze compatible with an urban residential neighborhood. The availability of public facilities(e.g., public water,public sanitary sewer, storm sewer,natural gas,electricity,telephone,etc.)is required for development within this district. Site plan description: No site plan is required for a rezoning to a residential district. � Zoning and land use history&trends: According to the 1966 aerial maps, the hospital and parking areas were primarily located within the northeast corner of the property while many single-family residential uses were apparent within the southem half of the property. St.Peter Street and Madison Avenue traversed the site at this time. In 1983, the St. Joseph Regional Medical Center rezoned the property to the B Residential and G Height&Area District to all allow for the expansion of the original hospital. This expansion was completed by1986 and included the razing of several of the original hospital structures and an expansion of the campus to the west and south. Several of the residential uses to the south were also razed and converted to parking azeas for the hospital. Between 1986 and 1993,the campus completed its final expansion before its relocation. Traffic and trausportation considerations: All the adjacent rights-of-way aze two lane local streets. Per the 2035 MACOG Transportation Plan,there are no plans for any expansion(added travel lanes)to these streets. The nearest tr�c counts were taken at St. Louis Boulevard north of Madison Avenue and at LaSalle Avenue east of S� Louis Boulevard and revealed counts of 2,537 AADT (1994) and 11,781 AADT (2010), respecrively. Utilities: The site will continue to be serviced by City of South Bend sanitary sewer and water. #2586-11 Page 1 of 3 AddiNonal information: (Agency comments) � The Department of Community and Economic Development supports this rezoning petition. The County Surveyor had no comment,and the City Engineer had no objection. The Building Department informed the petitioner that several developmental variances and a special exception to allow for off-site parking will be required. These petitions are anticipated to be submitted to the Area Board of Zoning Appeal for consideration at their May 4th meeting. 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Poticy Plan: City Plan South Bend Indiana. November 2006 Objective E 5: Coordinate the planning and development of educational facilities. Policy E 5.1:Establish and maintain a consistent planning,review,and development process with institutions of higher education,private schools, and the SBCSC to address existing and future school facilities. Policy E53: Partner with institutions of higher education,private schools,and the SBCSC to ensure wide public involvement in the development and expansion of educational facilities. This rezoning petition meets this educational objective and associated policies. Objective ED 1: Stimulate the rehabilitation and adaptive reuse of property in the city. Policy ED 1.2:Encourage reuse of abandoned and underutilized land and stcuctures. This rezoning petition meets this economic development objective and policy. Land Use Plan: The future land use plan within City Plan identifies this site as mixed use. Plan Implementation/Other Plans: Northeast Neighborhood Development Area Plan.November 2003. Section V. Sub-Area Strategies and Goals,D. St.Joseph Regional Medical Center Redevelopment Site. Redevelopment of this site was in response to the 2002 announcement that the hospital would be relocating. Although a specific use is not recommended within this plan, it states that any use should comply with the goals and objectives of the plan. The proposed use meets the pian's objective of stimulating private sector investment within the neighborhood, including new construction, rehabilitation, and the reuse of vacant or underutilized land,buildings,and facilities. 2. Current conditions and character: � The site is currently vacant. #2586-11 Page 2 of 3 3. Most desirable use: The most desirable use of the property, as identified within City Plan, is mix.,d usi zhat is compatibte within the context of the neighborhood. 4. Conservation of property values: The surrounding property vatues should not be affected by the approval of rezoning since the proposed use is not a higher intensity use than its prior use as a regional medical facility. Furthermore, the redevelopment of this prior brownfield site is a positive investment within the neighborhood and may act as a further catalyst for additional investment. 5. Responsible development and growth: It is responsible growth and development to allow for the redevelopment of an underutitized and vacant praperty for a private parochial high school. The proposed use is not incompatible with the mixed uses located within the area. Recamffiendation: Based on information available prior to the public hearing, the sta.ff recommends that this rezoning petition be sent to the Common Council with a favorable recommendation. Analysis: The reuse of a recently abandoned regional medical facility for a parochial high school is compatible with the adjacent mixed uses and wiIl be a positive investment in the neighborhood. #L585-11 �a�e� of 3 /